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UNITED STATES v. PHILLIPS

No. 15679.

375 F.2d 75 (1967)

UNITED STATES of America, Plaintiff-Appellee, v. Homer PHILLIPS, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 5, 1967.

Attorney(s) appearing for the Case

R. Eugene Pincham, Earl E. Strayhorn and Charles B. Evins, Chicago, Ill., for defendant-appellant, Homer Phillips.

Edward V. Hanrahan, U. S. Atty., George E. Faber, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee, John Peter Lulinski, Asst. U. S. Atty., of counsel.

Before KNOCH, KILEY and CUMMINGS, Circuit Judges.

CUMMINGS, Circuit Judge.

Melsia Delaney and appellant Homer Phillips were indicted for knowingly receiving and concealing a narcotic drug in Chicago on April 24, 1964, in violation of 21 U.S.C. § 174. A jury found Mrs. Delaney and Phillips guilty. Phillips was sentenced to imprisonment for 10 years. Mrs. Delaney's motion for a new trial was granted and she subsequently pled guilty to a lesser charge.

Pursuant to a search warrant, Federal Narcotic Agents...

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